Probate in Florida is the legal process through which a deceased person’s assets are distributed, debts are settled, and legal title to property is transferred to heirs or beneficiaries. Here’s how probate typically works in Florida:
Filing the Petition
The probate process begins by filing a petition with the circuit court in the county where the deceased person (decedent) lived. If the decedent had a valid will, it is submitted to the court along with the petition. If there is no will, the court will appoint a personal representative to handle the estate.
Appointment of Personal Representative
The court appoints a personal representative, who may be named in the will or, if there is no will, is typically a surviving spouse, close relative, or other interested party. The personal representative is responsible for administering the estate, including gathering assets, paying debts, and distributing property to beneficiaries.
Notification of Creditors
The personal representative must notify creditors of the decedent’s death and the probate proceedings. Creditors have a limited time to file claims against the estate for any debts owed.
Inventory and Appraisal of Assets
The personal representative must prepare an inventory of the decedent’s assets and have them appraised if necessary. This inventory includes all property owned by the decedent at the time of death.
Payment of Debts and Taxes
The personal representative uses estate assets to pay any outstanding debts, including taxes owed by the decedent and administrative expenses of the estate.
Distribution of Assets
Once debts and taxes are paid, the remaining assets are distributed to the beneficiaries according to the terms of the will or Florida law if there is no will. The court oversees this distribution to ensure it is carried out fairly and according to the law.
Closing the Estate
Once all debts are paid, assets are distributed, and any disputes are resolved, the personal representative petitions the court to close the estate. If the court approves, the estate is officially closed, and the personal representative is discharged from their duties.
It’s worth noting that Florida offers different types of probate administration depending on the size and complexity of the estate, including formal administration, summary administration, and disposition without administration, which may streamline the process for smaller estates. Additionally, certain assets such as jointly owned property, assets held in trusts, and assets with designated beneficiaries may bypass probate altogether.